Bail Application No. 3596 of 2023

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 9[TH] DAY OF MAY 2023 / 19TH VAISAKHA, 1945 BAIL APPL. NO. 3596 OF 2023 ``` ## **`CRIME NO.473/2023 OF THALAYOLAPARAMBU POLICE STATION,`** ## **`KOTTAYAM`** ## **`PETITIONER/ACCUSED NOS.1 TO 3:`** ``` 1BHUVANESWARAN (WRONGLY WRITTEN AS BHUVANEN IN FIR), AGED 55 YEARS S/O. KUMARAN ( WRONGLY WRITTEN AS BHUVANAN IN FIR), KAZHUTHUVEETIL HOUSE, THURUTHUMEKARAYIL, K. S MANGALAM VILLAGE, CHEMBU P.O, VAIKOM, PIN - 686608 2AKHIL AGED 31 YEARS S/O SALAPPAN, KAZHUTHUVEETIL HOUSE, THURUTHUMEKARAYIL, K. S MANGALAM VILLAGE, CHEMBU P.O, VAIKOM, PIN - 686608 3SANEESH AGED 30 YEARS S/O SALAPPAN, KAZHUTHUVEETIL HOUSE, THURUTHUMEKARAYIL, K. S MANGALAM VILLAGE, CHEMBU P.O, VAIKOM, PIN - 686608 BY ADVS. JOY GEORGE PRAICY JOSEPH GEORGE BRISTON TANYA JOY ANIMMA JOSEPH ``` ## **`RESPONDENTS/COMPLAINANTS:`** ``` 1STATE OF KERALA REPRESENTED BY THE THE PUBLIC PROSECUTOR HIGH COURT OF KERALA , ERNAKULAM., PIN - 682031 ``` 2 B.A.No. No.3596 of 2023 - `2 THE STATION HOUSE OFFICER THALAYOLAPARAMBU POLICE STATION` - `THALAYOLAPARAMBU, KOTTAYAM DISTRICT, PIN – 686605` ``` PUBLIC PROSECUTOR SMT. T. V. NEEMA ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 09.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No. No.3596 of 2023 3 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------** B.A.No.3596 of 2023 **------------------------------Dated this the 09[th] day of May, 2023** ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) 2. The petitioners are accused in Crime No.473/2023 of Thalayolaparambu Police Station, Kottayam District. The above case is registered against the petitioners alleging offences punishable under Sections 341, 294(b), 323, 324, 354, 506, 142, 144, 147 r/w 149 IPC. 3. The prosecution case is that, the petitioners and other accused formed themselves into an B.A.No. No.3596 of 2023 4 unlawful assembly and attacked the de facto complainant. It is also alleged that the accused committed other offences also. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The counsel for the petitioners submitted that even if the entire prosecution case is accepted, no offence under Section 354 IPC is made out. It is also submitted that there is a counter case and the FIR in that counter is Annexure A2. The Public Prosecutor opposed the bail application. 5. After hearing both sides, I think this bail application can be allowed after imposing stringent conditions. It is a case and counter case. The nonbailable offence alleged against the petitioners is under Section 354 IPC. Whether 354 IPC is made out B.A.No. No.3596 of 2023 5 or not is a matter to be investigated. I don’t want to make any observation about the same. Considering the facts and circumstances of the case, I think the custodial interrogation of the petitioners may not be necessary. The petitioners are directed to appear before the investigating officer on all Mondays till final report is filed. 6. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870)** , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of B.A.No. No.3596 of 2023 6 securing fair trial. 7. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; 3. Petitioners shall appear before the Investigating Officer for interrogation as and when B.A.No. No.3596 of 2023 7 required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; 6. The petitioners shall appear before the investigating officer on all Mondays at 11 a.m. till final report is filed. 7. If any of the above conditions are violated by B.A.No. No.3596 of 2023 **==> picture [7 x 9] intentionally omitted <==** the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. Sd/- **P.V.KUNHIKRISHNAN JUDGE** rmm